Writ Petition format for Supreme Court

Format of Writ Petition to Supreme Court under Article 32 of the Constitution of India.

SYNOPSIS

The Petitioners, by way of the present writ petition under Article 32 of the Constitution of India are constrained to approach this Hon'ble Court highlighting the unprecedented academic loss caused to them. The Petitioners most humbly seek kind indulgence of this Hon'ble Court praying for adequate reliefs in terms of the prayer clause for:-

(i) directing the Respondent No.1 to put on hold the notice dated _______20_______, publishing the schedule for conduct of the _______________ Final Theory Examination, _______, 20_______ till post _____ and Diploma candidates selected in terms of merit positions of the _____ 2021 and _____ 2021 join the affiliated colleges/ institutions recognized by the Respondent No. 1.

Grounds urged in support of the writ petition:-

i. The Petitioners are _______________ undergoing the _______________ training programme. The Petitioners got enrolled in the _____ training programme in the January 2020 session.

ii. This is evident from the fact that the Respondent No. 1 (the NBE) itself had to extend the timeline for course completion and final theory examination for the _______, 20_______ and _______, 20_______ batches.

iii. Though the Petitioners and most of the _____ doctors were declared successful during _______, 20_______; however because of the nationwide lockdown in March & sudden spread of covid 2019 pandemic, the admissions concluded only by the end of ________________.

LIST OF DATES
_____20__The Petitioner No. 1 got admission in the _____ post diploma training for _______ 20_______ admission session and presently working in the Department of Pediatrics at the Dr. R N Cooper Municipal General Hospita;, Vile Parle (West), Mumbai.

_____20__Petitioner No. 2 got admission in the _____ post diploma training for _______ 20_______ admission session and presently working in the Department of _______.

_____20__Petitioner No. 3 got admission in the _____ post diploma training for _______ 20_______ admission session and presently working in the Department of Ophthalmology at the _____ Training Institute at _______, _______, _______, _______ _______.

_______20_____The Respondent No. 1 compulsorily extended tenure of candidates admitted in the year 20_______ and 20_______, by three months. As a consequence thereof, the _____ candidates admitted in the year 20_______ and 20_______ appeared in respective examination at the end of extended period of three months.

______20_______The Respondent No. 1 _____ postponed the _____ _______, 20_______ final theory examination.

_______20______Formative Assessment Test (FAT) for the Petitioners and _____ candidates admitted in the year 20_______ takes place. It is stated that because of the covid pandemic, the Petitioners and other _____ candidates got admission in _______, 20_______. The FAT examination is conducted generally at the end of 1st year of training, however, in the present case, the said FAT examination was scheduled and concluded within six months from the date of admission.

_______20______The Respondent No. 1 _____ announces deadline for thesis submission by _______20_______. The Respondent No. 1 stated vide point no 3 that "________________"

The said deadline was further extended by a month, till _______20_______.
_______20_______The Respondent No. 1 rescheduled the _____/ DrNB final theory examination _______ 20_______ batch to _______, _______, _______ and _______ _______, 20_______.

_______20______The _____ _______ 20_______ final theory examination results declared.

_______20______ The results of _______, 20_______ final theory examination are begun to be declared.

_______20______Hence the present Writ Petition.

IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

WRIT PETITION (CIVIL) NO. OF 20_______
(WITH PRAYER FOR URGENT INTERIM DIRECTIONS)

IN THE MATTER OF:
_______ .......PETITIONERS
VERSUS
_______ .......RESPONDENTS

A WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA SEEKING APPROPRIATE WRIT, ORDER OR DIRECTIONS DIRECTING THE RESPONDENTS FOR RESCHEDULING OF THE CONDUCT OF THE ___________ THEORY EXAMINATION, 20_______; SCHEDULED IN TERMS OF NOTICE DATED _______20_______, BETWEEN _______20_______ _______20_______.

TO,
THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE HON'BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE PETITIONERS ABOVE-NAMED:

MOST RESPECFULLY SHOWETH;

The Petitioners, by way of the present writ petition under Article 32 of the Constitution of India are constrained to approach this Hon'ble Court highlighting the unprecedented academic loss caused to them. The Petitioners most humbly seek kind indulgence of this Hon'ble Court praying for adequate reliefs in terms of the prayer clause for:-

2. The Petitioners are constrained to approach this Hon'ble Court as the remedy provided under Article 32 of the Constitution of India is the only and most efficacious remedy available to them in law. The arbitrary exercise of discretion vested with the Respondent No. 1 has severely prejudiced the Petitioners rights guaranteed under Article 14 and Article 19 and 21 of the Constitution of India.

3. The Petitioners No. 1 got admission in the _____ post diploma training for _______ 20_______ admission session and presently working a pediatrician at the ______________________. The Petitioner No. 2 in the _____ post diploma training for _______ 20_______ admission session through _____ 20_______ examination having secured All India Rank ___.

4. That apart from the Petitioners arrayed as party in the instant writ petition, this writ petition is also representative of the _____ doctors who could not formally participate in the case because of paucity of time and grave urgency in the matter. The nature of relief prayed in the writ petition equally concerns those who could not formally join the petition.

5. The Respondent No. 1 is the ___________________ represented through its Director having its office in Delhi. The Respondent No. 2 is the ___________________ represented through its Chairman having its office in Delhi.

Facts of the case:-
6. That it is stated that in order to buttress the prayer clause for rescheduling of the conduct of the _____________Examination, 20_______; scheduled in terms of notice dated _______20_______, and/or for putting on hold the notice dated _______20_______, the Petitioners wish to bring following facts to the kind attention of this Hon'ble Court:-

6.1 That the Petitioners secured admission in respective specialty into the _____ courses securing merit in the _____ 20_______and _____ 20_______ examinations.

6.2 That the Respondent No. 1 _____ vide notice dated _______20_______ compulsorily extended tenure of candidates admitted in the year 20_______ and 20_______, by three months. As a consequence thereof, the _____ candidates admitted in the year 20_______ and 20_______ appeared in respective examination at the end of extended period of three months.

6.3 That the Formative Assessment Test (FAT) for the Petitioners and _____ candidates admitted in the year 20_______took place. It is reiterated that because of the covid pandemic, the Petitioners and other _____ candidates got admission in _______, 20_______. A copy of the notice dated _______20_______ published by the Respondent No. 1 for conducting Formative Assessment Test (FAT) of the _____ students is annexed and marked as ANNEXURE P-1 (PAGE __).

6.4 That the Respondent No. 1 _____ on _______20_______announced the deadline for thesis submission by _______20_______. A copy of the notice dated _______20_______published by the Respondent No. 1 for communicating the deadline for thesis submission by _______20_______is annexed and marked as ANNEXURE P-2 (PAGE __). That it is stated that the said deadline was further extended by a month, till _______20_______ vide notice dated _______20_______. A copy of the notice dated _______20_______ published by the Respondent No. 1 for extending the deadline for thesis submission till _______20_______ is annexed and marked as ANNEXURE P-3 (PAGE __)

6.5 That the Petitioners and several other _____ doctors were deprived acquiring skills and finding time for thesis and theory examination preparation. The extension in the schedule of examination as happened in the _______ 20_______and _______ 20_______ batches, could afford an opportunity to the Petitioners and other _____ doctors, to acquire objective measures and train themselves properly for the examination. If such an extension is considered by this Hon'ble Court, no prejudice would be caused to the new batch getting admission based on _____ 20_______ rank.

7. GROUNDS:
A. Because the Petitioners are post graduate diploma doctors undergoing the _____ training programme. The Petitioners got enrolled in the _____ training programme in the _______ 20_______session. Once aspect that needs to be highlighted is that while working as frontline warriors, their studies and training programmes were largely hampered.

B. Because it is evident from the fact that the Respondent No. 1 itself had to extend the timeline for course completion and final theory examination for the _______, 20_______ and _______, 20_______ batches, by three months.

C. Because the Petitioners and most of the _____ were declared successful during _______, 20_______; however because of the nationwide lockdown in March & sudden spread of covid 2019 pandemic, the admissions concluded only by the end of _______, 20_______.

8. That the Petitioners have not filed any petition, claiming same/ similar relief, before this Hon'ble Court or before any other court in the country.

PRAYERS
In view of the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:-

i. direct the Respondents to reschedule of the conduct of the __________Theory Examination, 20__; scheduled in terms of notice dated _______20_______, between _______20_______ and _______20_______, in view of undue hardships faced by the Petitioners and academic loss caused to them ;

ii. direct the Respondent No.1 to put on hold the notice dated _______20_______, publishing the schedule for conduct of the _________ Final Theory Examination, 20_______ till post _____ and Diploma candidates selected in terms of merit positions of the _____ 20_______ and _____ 20_______ join the affiliated colleges/ institutions recognized by the Respondent No. 1; and/or

iii. Grant such other reliefs as this Hon'ble Court may deem fit and proper in light of the facts and circumstances of the case.

FILED THROUGH;

Drawn by: _______

(_____________________)
(ADVOCATE FOR THE PETITIONERS)

DATED: _______20_______